Construction, Forestry and Maritime Employees Union

[2024] FWCA 4238

[2024] FWCA 4238

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4472)

P & E GROUP (AUST) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 2 DECEMBER 2024

Application for approval of the P & E Group (Aust) Pty Ltd / CFMEU Collective Agreement 2024-2027

1. An application has been made for approval of an enterprise agreement known as the P & E Group (Aust) Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Construction, Forestry and Maritime Employees Union (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 19 November 2024.

1. On 20 November 2024, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters.

1. The Applicant provided a revised Form F17B along with supporting documents to resolve the pre-approval concerns identified. The documents are relevantly summarised below:

·  Notification time:

On 2 October 2024, the Applicant emailed the employer a bargaining letter along with a copy of the Notice of Employee Representational Rights (NERR). The email was also copied to the employees proposed to be covered by the Agreement. Whilst this is not an ideal method of communication, I find that notification time occurred on 2 October 2024.

·  Method of vote:

On 31 October 2024, the vote was conducted by a show of hands by CFMEU organisers (Rebel Hanlon and Mark Cunningham) in person. The outcome of the vote was recorded on an attendance sheet and emailed to the employer on 31 October 2024. The attendance sheet identified the employees who cast a vote, demographics, and that ‘11’ voted for approval of the Agreement.

1. I had some concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

1. The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and (despite the wording of Clause 5(a) of the Agreement) in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 4 July 2027.

COMMISSIONER

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